Matter has been referred to the Chief Justice of India to decide for reconsideration of Supreme Court’s constitution bench judgement in Pramati Educational & Cultural Trust Case 2014.
- Judgement in Pramati Educational & Cultural Trust Case held that RTE Act cannot be applied to minority educational institutions, whether aided or unaided, as it infringes upon their Article 30(1) rights.
- Article 30(1) protects linguistic and religious minorities by giving them the right to establish and administer their own educational institutions.
Observations of Court
- Implementation of RTE Act does not erode the minority character protected under Article 30(1) of the Indian Constitution and Article 21A and Article 30(1) can and must co-exist mutually.
- Article 21A guarantees free and compulsory elementary education for all children between the ages of 6 and 14 years.
- Exemption of minority institutions from the RTE Act leads to fragmentation of the common schooling vision and weakening of the idea of inclusivity and universality envisioned by Article 21A.
- Court stated that RTE act does not mandate that 25% reservation to disadvantaged children must be applied to different religious or linguistic community but can be provided to children from minority community itself.
About Right of Children to Free and Compulsory Education (RTE) Act, 2009
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